Peak v. Frost
Massachusetts Supreme Judicial Court
Tort, to recover damages for the sale of a stallion, by means of the alleged false representations of the defendant. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the plaintiffs; and the defendant alleged exceptions, which sufficiently appear in the opinion.
1Opinion of the CourtMorton, J.
There was evidence tending to show that the stallion was bought by the plaintiffs as a breeding horse, and that they were induced to purchase him by certain false representations made to. them by the defendant respecting his fitness for that purpose. The plaintiffs had a verdict, and the only question now is, whether, in addition to the difference in value, they can recover the expense of keeping the horse a reasonable time to test him. The presiding justice ruled that they could, and we think that the ruling was right.
The horse was bought by the plaintiffs for a specific purpose known to the…
2Cases cited7 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Fisk v. TankWisconsin Supreme Court · 1860
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Beeman v. . BantaNew York Court of Appeals · 1890
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3Cited by12 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Kilroy v. BarronMassachusetts Supreme Judicial Court · 1950
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Moran v. LevinMassachusetts Supreme Judicial Court · 1945
- Dwyer v. RedmondSupreme Court of Connecticut · 1924
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